Bill Text: MN SF1298 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Small Business Bill of Rights - Regulatory Fairness Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-23 - Comm report: To pass as amended and re-refer to Finance [SF1298 Detail]
Download: Minnesota-2011-SF1298-Engrossed.html
1.2relating to civil actions; awarding fees and expenses to prevailing parties in
1.3certain actions involving state agencies;amending Minnesota Statutes 2010,
1.4sections 15.471, subdivision 6, by adding a subdivision; 15.472.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 15.471, is amended by adding a
1.7subdivision to read:
1.8 Subd. 3a. Demand. "Demand" means the express demand of the agency that led to
1.9the civil action or contested case proceeding.
1.10 Sec. 2. Minnesota Statutes 2010, section 15.471, subdivision 6, is amended to read:
1.11 Subd. 6. Party. (a) Except as modified by paragraph (b), "party" means a person
1.12named or admitted as a party, or seeking and entitled to be admitted as a party, in a court
1.13action or contested case proceeding, or a person admitted by an administrative law judge
1.14for limited purposes, and who is:
1.15(1) an unincorporated business, partnership, corporation, association, or
1.16organization, having not more than 500 employees at the time the civil action was filed or
1.17the contested case proceeding was initiated; and
1.18(2) an unincorporated business, partnership, corporation, association, or organization
1.19whose annual revenues did not exceed$7,000,000 $30,000,000 at the time the civil action
1.20was filed or the contested case proceeding was initiated.
1.21(b) "Party" also includes a partner, officer, shareholder, member, or owner of an
1.22entity described in paragraph (a), clauses (1) and (2).
2.1(c) "Party" does not include a person providing services pursuant to licensure or
2.2reimbursement on a cost basis by the Department of Health or the Department of Human
2.3Services, when that person is named or admitted or seeking to be admitted as a party in a
2.4matter which involves the licensing or reimbursement rates, procedures, or methodology
2.5applicable to those services.
2.6 Sec. 3. Minnesota Statutes 2010, section 15.472, is amended to read:
2.715.472 FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE
2.8PROCEEDING INVOLVING STATE.
2.9(a) If a prevailing party other than the state, in a civil action or contested case
2.10proceeding other than a tort action, brought by or against the state, shows that the position
2.11of the state was not substantially justified, the court or administrative law judge shall award
2.12fees and other expenses to the party unless special circumstances make an award unjust.
2.13(b) If, in a civil action or contested case proceeding arising from a state agency action
2.14to enforce a party's compliance with a statutory or regulatory requirement, the demand by
2.15the agency is substantially in excess of the final decision in the contested case or judicial
2.16proceeding and is unreasonable when compared with that decision under the facts and
2.17circumstances of the case, the party shall be awarded the fees and other expenses related
2.18to defending against the excessive demand, unless the party has committed a willful
2.19violation of law or engaged in conduct that unduly and unreasonably protracted the final
2.20resolution of the matter in controversy or special circumstances make an award unjust.
2.21(b) (c) A party seeking an award of fees and other expenses shall, within 30 days of
2.22final judgment in the action, submit to the court or administrative law judge an application
2.23of fees and other expenses which shows that the party is a prevailing party and is eligible
2.24to receive an award, and the amount sought, including an itemized statement from any
2.25attorney or expert witness representing or appearing on behalf of the party stating the
2.26actual time expended and the rate at which fees and other expenses were computed. The
2.27party shall also allege that the position of the state was not substantially justified.
2.28(c) (d) The court or administrative law judge may reduce the amount to be awarded
2.29under this section, or deny an award, to the extent that the prevailing party during
2.30the proceedings engaged in conduct that unduly and unreasonably protracted the final
2.31resolution of the matter in controversy. The decision of an administrative law judge under
2.32this section must be made a part of the record containing the final decision of the agency
2.33and must include written findings and conclusions.
2.34(d) (e) This section does not preclude a party from recovering costs, disbursements,
2.35fees, and expenses under other applicable law.
3.1 Sec. 4. CITATION.
3.2This act may be cited as the "Small Business Bill of Rights - Regulatory Fairness
3.3Act."
3.4 Sec. 5. EFFECTIVE DATE; APPLICATION.
3.5This act is effective August 1, 2012, and applies to administrative proceedings or
3.6civil actions commenced on or after that date.
1.3certain actions involving state agencies;amending Minnesota Statutes 2010,
1.4sections 15.471, subdivision 6, by adding a subdivision; 15.472.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 15.471, is amended by adding a
1.7subdivision to read:
1.8 Subd. 3a. Demand. "Demand" means the express demand of the agency that led to
1.9the civil action or contested case proceeding.
1.10 Sec. 2. Minnesota Statutes 2010, section 15.471, subdivision 6, is amended to read:
1.11 Subd. 6. Party. (a) Except as modified by paragraph (b), "party" means a person
1.12named or admitted as a party, or seeking and entitled to be admitted as a party, in a court
1.13action or contested case proceeding, or a person admitted by an administrative law judge
1.14for limited purposes, and who is:
1.15(1) an unincorporated business, partnership, corporation, association, or
1.16organization, having not more than 500 employees at the time the civil action was filed or
1.17the contested case proceeding was initiated; and
1.18(2) an unincorporated business, partnership, corporation, association, or organization
1.19whose annual revenues did not exceed
1.20was filed or the contested case proceeding was initiated.
1.21(b) "Party" also includes a partner, officer, shareholder, member, or owner of an
1.22entity described in paragraph (a), clauses (1) and (2).
2.1(c) "Party" does not include a person providing services pursuant to licensure or
2.2reimbursement on a cost basis by the Department of Health or the Department of Human
2.3Services, when that person is named or admitted or seeking to be admitted as a party in a
2.4matter which involves the licensing or reimbursement rates, procedures, or methodology
2.5applicable to those services.
2.6 Sec. 3. Minnesota Statutes 2010, section 15.472, is amended to read:
2.715.472 FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE
2.8PROCEEDING INVOLVING STATE.
2.9(a) If a prevailing party other than the state, in a civil action or contested case
2.10proceeding other than a tort action, brought by or against the state, shows that the position
2.11of the state was not substantially justified, the court or administrative law judge shall award
2.12fees and other expenses to the party unless special circumstances make an award unjust.
2.13(b) If, in a civil action or contested case proceeding arising from a state agency action
2.14to enforce a party's compliance with a statutory or regulatory requirement, the demand by
2.15the agency is substantially in excess of the final decision in the contested case or judicial
2.16proceeding and is unreasonable when compared with that decision under the facts and
2.17circumstances of the case, the party shall be awarded the fees and other expenses related
2.18to defending against the excessive demand, unless the party has committed a willful
2.19violation of law or engaged in conduct that unduly and unreasonably protracted the final
2.20resolution of the matter in controversy or special circumstances make an award unjust.
2.21
2.22final judgment in the action, submit to the court or administrative law judge an application
2.23of fees and other expenses which shows that the party is a prevailing party and is eligible
2.24to receive an award, and the amount sought, including an itemized statement from any
2.25attorney or expert witness representing or appearing on behalf of the party stating the
2.26actual time expended and the rate at which fees and other expenses were computed. The
2.27party shall also allege that the position of the state was not substantially justified.
2.28
2.29under this section, or deny an award, to the extent that the prevailing party during
2.30the proceedings engaged in conduct that unduly and unreasonably protracted the final
2.31resolution of the matter in controversy. The decision of an administrative law judge under
2.32this section must be made a part of the record containing the final decision of the agency
2.33and must include written findings and conclusions.
2.34
2.35fees, and expenses under other applicable law.
3.1 Sec. 4. CITATION.
3.2This act may be cited as the "Small Business Bill of Rights - Regulatory Fairness
3.3Act."
3.4 Sec. 5. EFFECTIVE DATE; APPLICATION.
3.5This act is effective August 1, 2012, and applies to administrative proceedings or
3.6civil actions commenced on or after that date.
